Immigration: Terrorist Grounds for Exclusion of Aliens
Abstract
The Immigration and Nationality Act (INA) spells out a strict set of admissions criteria and exclusion rules for all foreign nationals, whether coming permanently as immigrants (i.e., legal permanent residents) or temporarily as nonimmigrants. Notably, any alien who has engaged in or incited terrorist activity, is reasonably believed to be carrying out a terrorist activity, or is a representative or member of a designated foreign terrorist organization is inadmissible. After the September 11, 2001 terrorist attacks, the INA was broadened to deny entry to representatives of groups that endorse terrorism, prominent individuals who endorse terrorism, and spouses and children of aliens who are removable on terrorism grounds (on the basis of activities occurring within the previous 5 years). The INA also contains grounds for inadmissibility based on foreign policy concerns. The report of the 9/11 Commission concluded that the key officials responsible for determining alien admissions (consular officers abroad and immigration inspectors in the United States) were not considered full partners in counterterrorism efforts prior to September 11, 2001, and as a result, opportunities to intercept the September 11 terrorists were missed. The 9/11 Commission's monograph, "9/11 and Terrorist Travel," underscored the importance of the border security functions of immigration law and policy. This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years. The section on current law explains the legal definitions of "terrorist activity," "terrorist organization," and other security-related grounds for inadmissibility and analyzes the legal implications of these provisions. The report then discusses the alien screening process to identify possible terrorists during the visa issuance process abroad and the inspections process at U.S. ports of entry.
Document Details
- Document Type
- Technical Report
- Publication Date
- May 05, 2005
- Accession Number
- ADA483090
Entities
People
- Michael J. Garcia
- Ruth E. Wasem
Organizations
- Library of Congress